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2002-075NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST AMENDED PROFESSIONAL SERVICES AGREEMENT WITH BIRKHOFF, HENDRICKS & CONWAY, L.L.P. (FORMERLY SI-IIMEK, JACOBS & FINKLEA, L.L.P.), FOR ENGINEERING SERVICES PERTAINING TO THE CONSTRUCTION PHASE AND FOR MATERIALS TESTING REGARDING THE CITY OF DENTON NORTHWEST SERVICE AREA ELEVATED WATER STORAGE TANK; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council deems it in the public interest to continue to engage the firm of Birkhoff, Hendricks & Conway, L.L.P. (formerly known as Shimek, Jacobs & Finklea, L.L.P.), a Limited Liability Partnership, of Dallas, Texas ("BH&C"), to provide further professional engineering services to the City pertaining to the construction phase and for materials testing; together with the previously authorized preparation of construction plans and specifications contained in the Professional Services Agreement ("Agreement") for the City's Northwest Service Area Elevated Water Storage Tank; and WHEREAS, the City Council on September 26, 2000 enacted Ordinance No. 2000-353, which approved the City entering into the original Professional Services Agreement of even date therewith; now there is a need for further professional services in the construction phase of the Project; and these additional services are specifically set forth in the terms of the First Amended Professional Services Agreement ("First Amendment"); and WHEREAS, the City staff has reported to the City Council that there remains a substantial need for the above-described professional services, and that limited City staff cannot adequately perform the services and tasks with its own personnel; and WHEREAS, Chapter 2254 of the Texas Government Code, known as the "Professional Services Procurement Act", generally provides that a City may not select a provider of professional services on the basis of competitive bids, but must select the provider on the basis of demonstrated competence, knowledge, and qualifications, and for a fair and reasonable price; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the professional services, as set forth in the First Amendment to Professional Services Agreement; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1: That the City Manager is hereby authorized to execute a First Amendment to Professional Services Agreement with Birkhoff, Hendricks & Conway, L.L.P., of Dallas, Texas, for additional engineering services pertaining to the construction phase and for materials testing for the City's Northwest Area Elevated Water Storage Tank, in substantially the form of the First Amendment to Professional Services Agreement attached hereto and incorporated herewith by reference. SECTION 2: That the award of this Agreement by the City is on the basis of the demonstrated competence, knowledge, and qualifications of BH&C and the ability of BH&C to perform the professional services needed by the City for a fair and reasonable price. SECTION 3: That the expenditure of funds as provided in the attached Professional Services Agreement is hereby confirmed; additionally that the First Amendment, providing for the expenditure of an additional $43,228.50 in funds is hereby authorized, totaling $76,828.50. SECTION 4: That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the (-/~¢ dayof ~'ff~/~.~j ,2002. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY 'ROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY S:\Our Do cu men ts\Ordinances\02~Birkhoff Hendricks & Conway LLP-Engr-NW Water Twr-First Amend PSA.doc THE STATE OF TEXAS COUNTY OF DENTON FIRST AMENDED AGREEMENT FOR PROFESSIONAL SERVICES THIS FIRST AMENDMENT to that certain Professional Services Agreement, executed September 26, 2000, heretofore entered into by and between the City of Denton, Texas, a Texas Municipal Corporation with its offices at 215 East McKinney Street, Denton, Texas 76201 (hereafter referred to as "CITY"); and the firm of Shimek, Jacobs & Finklea, L.L.P., (now known by name change as "Birkhoff, Hendricks & Conway, L.L.P."; hereafter referred to as "BH&C"), with its offices at 7502 Greenville Avenue, Suite 220, Dallas, Texas 75231; acting herein by and through their respective duly authorized signatories; and NOW THEREFORE, the City of Denton, Texas and the firm of BH&C (hereafter collectively referred to as the "PARTIES"), in consideration of their mutual promises and covenants, as well as for other good and valuable considerations, do hereby AGREE to the following amendments to the terms and conditions of the Professional Services Agreement (hereafter the "Agreement") previously approved by the City Council on September 26, 2000, in the amount of $33,600, and by Ordinance No. 2000-353, to wit: That those additional "Basic Services" relative to the "Construction Phase" of the Project (hereafter the '2qorthwest Service Area Elevated Water Storage Tank) set forth in the Letter from Gary C. Hendricks, P.E. of BH&C to Timothy S. Fisher, P.E. of the CITY, dated February 13, 2002, marked and attached as Exhibit I hereto, incorporated by reference herein, shall also be performed by BH&C, for the additional sum of $13,200, as provided by and in accordance with Article II. of the Agreement "Scope of Services" and the other Articles of the Agreement. II. That those additional "Basic Services" set forth in the Letter and related Attachment from Herbert C. Crowder, Quality Control Manager of Henley Johnston & Associates, Inc. (hereafter "HJ&A"), Subcontractor, to Gary C. Hendricks, P.E. of BH&C, for required inspection and testing of materials, dated January 11, 2002, marked and attached as Exhibit II hereto, incorporated by reference herein, shall also be performed by BH&C through its subcontractor, HJ&A, for the additional sum of $30,028.50, as provided by and in accordance with Article IH of the Agreement "Additional Services" and the other Articles of the Agreement. III. That the additional "Basic Services" described and set forth in Article II. above shall be added to the heretofore original approved mount of $33,600 of the Agreement; then the provisions of Article V.B. 1., final sentence, of the Agreement shall instead be a lump-sm amount of $46,800, representing an additional $13,200 of compensation payable by the CITY to BH&C, which reads as follows: "OWNER agrees to pay to CONSULTANT for its professional services performed, and for its out-of-pocket expenses incurred in the Project, a total amount of $46,800." Further, Additional Services set forth in Article III and other Articles of the Agreement and modified by letter referenced in Article I above, are herby authorized; then the first sentence of Article V.C. shall be modified to read as follows: "For additional services outlined in "Exhibit B" attached hereto, consultant shall be paid an amount not to exceed $30,028.50 for quality control and material testing services provide by Henley-Johnston & Associates during the construction phase of the project." That the CONSULTANT regarding both the Agreement and this First Amended Agreement shall be hereafter referred to as the firm of Birkhoff, Hendricks & Conway, L.L.P., of Dallas, Texas, the successor by name change, to Shimek, Jacobs & Finklea, L.L.P. of Dallas, Texas, the original CONSULTANT, who is no longer doing business. The PARTIES agree, that except as specifically provided for by this First Amended Agreement for Professional Services, that all of the terms, covenants, conditions, agreements, rights, responsibilities, and obligations of the PARTIES set forth in the Agreement, shall remain in full force and effect. IN WITNESS WHEREOF, the City of Denton, Texas and the firm of Birkhoff, Hendricks & Conway, L.L.P. have executed this First Amended Agreement for Professional Services, in (4) original counterparts, by and through their r~pective duly authorized representatives and officers on this the c~ day of D~/~,(ffT~4 t ,2002. 2 "CITY" CITY OF DENTON, TEXAS A Texas Municipal Corporation By~~ C~y Manager ~ ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY "CONSULTANT" ATTEST: BIRKHOFF, HENDRICKS & CONWAY, L.L.P. S:\Our D ocuments\C onhact s~02~Birkho ff Hendricks & Conway-First Amended PSA-NW Water Tow~r. doc BIRKHOFF, HENDRICKS & CONWAY, L.L.P. CONSULTING ENGINEERS ...................................... 7502 Greenville Ave., $220 Dallas, Texas 75231 Fax (214) 3614)204 February l3, 2002 Phone (214) 361-7900 Mr. Timothy S. Fisher, P.E. Assistant Director of Water Utilities City of Denton 901 A Texas Street Denton, Texas 76201 Northwest Service Area Elevated Storage Tank Engineering Services Agreement Amendinent Purchase Order Number 11249 Dear Mr. Fisher As you requested, we are pleased to submit this revision to our Engineering Services Agreement wifft the City of Denton for the Northwest Service Area Elevated Storage Tank project, dated September 26, 2000 (Denton City Ordinance Number 2000-353; Purchase Order Number 11249). This revision modifies the scope of our engineering services as follows: EXHIBIT "A" SCOPE OF BASIC SERVICES · PART III: CONSTRUCTION PHASE Strike the task numbered 1 through 7 and replace with the following: 1. Review shop drawings and other submittal information that the Contractor submits. This review is for the benefit of the Owner and covers only general conformance with information given by the Contract Documents. The contractor is to review and stamp, their approval on submittals prior to submitting to the Engineer. Review by the Engineer does not relieve the Contractor of any responsibilities, safety measures or the necessity to construct a complete and workable facility in accordance with the Contract Documents. 2. Provide either written or verbal responses (as conditions dictate) to requests for information or clar/fication to the plans to City or Contractor. 3. Provide wither written or verbal directives to the Contractor or City's representative regarflLng interpretation of the pla~s, specifications and contract. 4. Prepare and process routine change orders for this project as they pertain to the orig/nal scope of services. EXHIBIT ! Mr. Timothy S. Fisher, P.E. Assistant Director of Water Utilities City of Denton February 14, 2002 Page Number 2 5. Prepare monthly pay requests form fi.om information received fi.om contractor. Review request and make recommendation to the City for payment. 6. Accompany the City during their final walkthrough of the project and assist the City on the preparation of the completion punch list. 7. Recommend final acceptance of the project based on information provided by the City's onsite representative. 8. Review of Daily inspection and material test reports. 9. A representative of Birkhoff, Hendricks & Conway, L.L.P. will visit the site at appropriate intervals as construction proceeds to observe progress and formulate opinion as to qualify of work as it relates to contract documents. A milalmnm of twelve site visits will be conducted. A memorandum will be prepared for each site visit indicating the engineer's observations and any on-site directive made. These visits specifically exclude any responsibility by the Engineer for job safety or means and methods of construction. · PART IV: EXCLUSIONS Strike items 7, 8, 9 & 10 fi.om this list of exclusions to the scope of services For the additional services outlined above, we propose to/ncrease our Basic Services compensation by $13,200 making the revised lump sum amount for Basic $18,600. We propose Section "B" of Exhibit A to the original agreement be modified as below to reflect this change. SECTION "B" PAYMENT SCHEDULE FOR BASIC SERVICES Basic Services Phase Original Contract Additional Revised Amount Amount of this Contract (P.O. No. 11249) Amendment Amount ['art I - Design Phase · Prerm-dnary Design $18,800 $0.00 $18,800 Final Design $ 8,100 $0.00 $8,100 ['art II - Bidding Phase $1,300 $0.00 $1,300 ?art III - Construction Administration $5,400 $13,200 $18,600 ?base rota~ Basic Services Fee (Parts I -III) $33,600.00 $13,200.00 $46,800.00 Mr. T/mothy S. Fisher, P.E. Assistant Director of Water Utilities City of Denton February 14, 2002 Page Number 3 In addition to thc revised scope of basic services for contract administration, we have also received an updated proposal from Henley Johnston & Associates, Inc. for the quality contzol and material testing portion of our contract. A copy is enclosed for your review. Section "C" of Exhfoit "A" to our agreement provides that additional services will be compensated for based on actual salary cost times a multiplier of 2.5 and expenses billed at actual invoice times 1.15. For the additional services provided by Henley Johnston & Associates, we hereby agree to bill the City of Denton at actual invoice amounts times 1.0. Based on the Henley Johnston & Associates proposal, we recoaal~end you budget in the range of $30,028.50 these additional services. Our original agr cement provided an amount of $34,000 for these services. If you are in agreement with the revised scope of engineering services and compensation amnunt, please have one copy of this Engineering Services Agreement Amendment executed for the City of Denton and returned to our office.. ACCEPTED FOR THE CITY OF DENTON Date: HENLEY JOHNSTON & ASSOCIATES, INC. e~ineering ~osc~nce co~rtts 11 January2002 CiTY OF DENTON, TEXAS thru: BIRKHOFF, HENDRICKS & CONWAY, L.L.P 7502 Greenville Ave., #220 Dallas, Texas 75231 Attention: Mr. Gary C. Hendricks, P.E. Dear Mr. Hendricks: Quality Control Services 1.0 Million Gallon Elevated Water Storage Tank North Loop 288 Denton, Texas Enclosed is our updated proposal for Quality Control Services during the construction of the 1.0 Million Gallon Elevated Water Storage Tank off North Loop 288 in Denton, Texas. Henley-Johnston & Associates, Inc. will provide the necessary personnel to perform the required inspection and testing on this project. The scope of the proposal is for full time inspection and testing services for foundation piers and structural concrete. All other items are on an "as needed" basis. Unit prices have been delineated on the attached proposals, as well as the anticipated costs. Though current information available to this office indicates that no masonry will be involved, unit prices for mortar and grout testing have been provided should the planned construction be modified in the future. Please be assured that we will make every effort to work within the budget estimate established. We appreciate this opportunity to be of service to you, Please contact us if there are any questions or if additional information is required. Enclosure Very truly yours, Herbert C. Crowder Quality Control Manager Henley-Johnston & Associates, Inc. telephone (214) 941-3808 fCL~ [214) 943-7645 235 Morgan Ave., IEaX~~-lO~ HENLEY JOHNSTON & ASSOCIATES, INC. engineering geoscience consultants QUAETY CONTROL PROPOSAL "AS NEEDED' TESTING - COST ESTIMATE TO: FOR: ITEM NO. ITEM ELEVATED STORAGE TANK FOUNDATION PIERS (Full Time Inspection) 107 Sr. Inspectcr/Tanhnlcisn* 48 hr 108 Inspector/Technician 10 hr 225a Concrete cylin~em, c~rlng and bresklng 16 ua 225b Concrst~ cylinders, hold 0 ua 235 Field Concrete Slump As Required** 24a Trip Charge. 7 es 11 January 2002 1 City of Denton, Trams; tht'uc Blrkh~f, Flendriolm & Comuay, LL.P., Dallas, Texas Quality Cont;ol Sewioes, North Loop 288 Elevated S~orage Tank, Denton, Texas Pace 1 of 2 ESTIMATED QUANTITY UNIT TOTAL $4,5.00 $2,160.00 $35.0O $350.00 $14.00 $224.00 $10.00 $0.00 N~ N/C $25.00 $175.00 CONCR~-m~- CONTROL - Structm'a] - Footings, Slab, Pedestal and Dome 107 Sr. Inspector/Technician* 144 hr 108 Inspector/Tanhniclan 22.5 hr 22,5a Concrete cylinders, curing and breaking 96 es 225b Concrete cylinders, hold 0 es 235 Fisld Concrete Slump As Required** 236 Field Air Content AS Required** 248 Trip Charges 25 ua $4,5.00 $6,480.00 $35.00 $787.5O $14.00 $1,344.00 $10.00 $0.00 N/O N/C N/C N/C ~m NUCTURAL ~m ,-EL INSPEG'IION 100a Steel Inspector (Field) 109d Steel Inspector, X-ray 109o 8teem Ir~tor, Paint Inspection 248 Trip Charges 100 hr $40.00 $4,0e0.00 1 inv. co~t + 15% $1,000.00 1 inv. cost + 15% $4,500.00 20 es $25.00 $,500.00 ASSOCIATED CONSTRUCTION (Roadway, Fence, Utilities, Etc.) EAR'II'IWORK 108 Inspector/Technician 80 hr $35.00 $2,800.00 ~,~e Optimum Moisture, Stmdard Compacticr~ raw soil 3 ua $115.00 $345.00 222d Optimum Moisture, ~tandard Compa~tlor~ soil & lime 2 ea $135.00 $270.00 231 Field Density Tests 80 es $5.00 $400.00 248 Trip ci~arge$ 20 ea $25.00 ~,500.00 CONCRETE TESTING (Paving and Flatwork) 108 Insgentor/Technician* 225a Concrete cyllndem, cudng and breaking 225b concrete cylinders, hold 235 Field concrete Slump 236 Field Air content 248 Trip Ohargns 32 hr $05.00 $1,120.00 32 es $14.00 $448.00 0 es $10.00 $0.00 As Required** N/C N/C Aa Required** N/C N/C 8 ua $25.00 $200.00 MORTAR 107 S~. Inspectcr/Tant~nicien 0 hr $45.00 $0.00 233c Mortar Cube~, curing and breaking 0 aa $12.00 $0.00 233d Grcot Prisms 0 es $16.00 $0.00 248 Trip Charges 0 ea $25.00 $0.00 REPORTS 106 Quality Control Manager . 15 hr $80.00 $1,200.00 103 Staff 8upport- drafting, typing, etc. 8 hr $45.00 104 Reproduc~on, in house 1600 es $0.15 $240.00 telephone (214} 941-3808 fox [214) 943-7645 235 Morgan Ave., Dallas, Texas 75203-1088 HENLEY JOHNSTON & ASSOCIATES, INC. engineering geoscience consultants QUALITY CONTROL PROPOSAL · AS N~-i=uED' ll=~ lING - COST ESTIMAI~ t: TO: FOR: ITEM NO. ITEM CONSULTAtiON AND CONFERENCES 100 Principal 106 Quality Conlrol Manager 109 Other Direct Expenses 11 January 2002 City of Denton, T~as; thr,,' Birktx~ff, Hendrlclm & Gonway, LLP., Dallas, Texas Quality Control ~ewlces, North Loop 288 Elevated Storage Tank, Denton, Texua Pa~e 2of2 ESTIMATED QUANTITY UNIT TOTAL 0 hr $110.00 $0.0O 0 hr MO.(X) $0.0O 0 Inv Cost + 16% ~,0.00 ESTIMATED PROJEGT TOTAL Rebar Inspection Included. Included in Inspector/l'echn~clan time charges. QUALIFICATIONS: 2. 3. 4. 5. 6. See Coveling LettM. Right of Entry and acaeso to site to be imovided by Client All required Field 8uwey for venal end horizontal aontnd will be deten.lned by Client Thb inve~iga~on InvolNe~ Quality Control 8eMoe. only; n~ onv~onmonteJ .tudiea of any nature awe In~uded. C3ler~ reqMred ove~le and weekend ra~e MB be blled at 1 ~.5 #me~ the p(mted u~t rMel. Ail Involaea are due upon reoetpt and I~yalfle wi~n 30 cky~ of date of Quality Control Manager Henley-Johnston & ._A~oc__.late& lnG. ACCEPTED: DATE: telephone (214) 941.3808 fax (214) 943-7645 235 Morgan Aue.. Dallas. Texas 75203-1088 NO. F -dFd AN ORDiNANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH SHIMEK, JACOBS 8, FINK.LEA, L.L.P., FOR ENGINEERING SERVICES PERTAINING TO THE DESIGN OF AND TI-IE PREPARATION OF CONSTRUCTION PLANS AND SPECIFICATIONS FOR THE CITY OF DENTON 900 SERVICES LEVEL ONE MIl&ION GALLON ELEVATED WATER STORAGE TANK; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council deems it in the public interest to engage the firm of Shimek, Jacobs & Finklea, L.L.P., a Limited Liability Partnership, of Dallas, Texas ("SJ&F"), to provide professional engineering services to the City pertaining to the design of and the preparation of construction plans and specifications for the City's approved, and to-be- constructed, 900 services level one million gallon elevated water storage tank; and WHEREAS, the City staffhas reported to the City Council that there is a substantial need for the above-described professional services, and that limited City staff cannot adequately perform the services and tasks with its own personnel; and WHEREAS, Chapter 2254 of the Texas Government Code, known as the "Professional Services Procurement Act", generally provides that a City may not select a provider of professional services on the basis of competitive bids, but must select the provider on the basis of demonstrated competence, knowledge, and qualifications, and for a fair and reasonable price; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of ~e professional services, as set forth in the Professional Services Agreement; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1: That the City Manager is hereby authorized to execute a Professional Services Agreement with Shimek, Jacobs & Finklea, L.L.P., of Dallas, Texas, for engineering services pertaining to the design of and the preparation of construction plans and specifications for the City's 900 sen, ice level, one million gallon elevated water storage tank, in substantially the form of the Professional Services Agreement attached hereto and incorporated herewith by reference. SECTION 2: That the award of this Agreement by the City is on the basis of the demonstrated competence, knowledge, and qualifications of SJ&F and the ability of SJ&F to perform the professional sertices needed by the City for a fair and reasonable price. SECTION 3: That the expenditure of funds as provided in the attached Professional Services Agreement is hereby authorized. SECTION 4: That this ordinance shall become effective immediately upon its passage and approval. P^SSED~,~ ~PROV~D~s~e Aar3 dayof ~_~a~j ,20oo. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY S:\Our Document~\Ordinances\00kShimek Jacobs & Finklea PSA-Water-I MGD Elevated Tank.doc STATE OF TEXAS COUNTY OF DENTON PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING SERVICES PERTAINING TO THE DESIGN OF AND ~ PREPARATION OF CONSTRUCTION PLANS AND SPECIFICATIONS FOR THE CITY OF DENTON 900 SERVICE LEVEL ONE MILLION GALLON ELEVATED WATER STORAGE TANK T~II~NT is made and entered into as of the c,~~L~ day of , 2000, by and between the City of Denton, Texa~, a Texas Mun~ip~l Corporation, with its principal offices at 215 East McKinney Street, Denton, Texas 76201 (hereafter "OWNER") and Shimek, Jacobs & Finklea, L.L.P., a Limited Liability Partnership, with its offices at 8333 Douglas Avenue, #820, Dallas, Texas 75225 (hereafter "CONSULTANT"); the parties acting herein by and through their duly-authorized representatives and officers. WITNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually AGREE as follows: ARTTCT,~. T EMPLOYMENT OF CONSULTANT The OWNER hereby contracts w/th CONSULTANT, as an independent contractor, and the CONSULTANT hereby agrees to perform the services herein in connection with the Project as stated in the Articles to follow, with diligence and in accordance with the professional standards customarily obtained for such sex'vices in the State of Texas. The professional services set forth herein are in connection with the following described project (the "Project"): The Project consists of preparation of plans and specifications for a one million gallon elevated water storage tank and general engineering services to be rendered during the construction phase of the Project. The CONSULTANT agrees to exercise the same degree of care, skill and diligence in the performance of these services as is ordinarily provided by a professional consultant under similar circumstances and the CONSULTANT shall, at no cost to OWNER, "re-perform" services which fail to satisfy the foregoing standard performance. ARTTCT,R TT SCOPE OF SERVICES The CONSULTANT shall perform the following Basic Services in a professional manner: To perform those professional services as set forth in the "Task 1 - Scope of Basic Services- 900 Service Level Elevated Storage Tank," prepared by ENGINEER for OWNER which document is attached hereto as Exhibit "A," and is incorporated herein by reference; which document consists of nine (9) pages, and is comprised of four sections: 1 Pan I - Preparation of Plans and Specifications 2 Pan TI - Bidding Phase 3 Part 1]I- Construction Phase 4 Pan IV- Exclusions 5 Section "A"- Completion Schedule 6 Section "B" - Payment Schedule for Basic Services If there is any conflict between the terms of tlfis Agreement and those Ex.h/bits attached to this Agreement, the terms and conditions of ttfis Agreement shall control over the terms and conditions of such Exhibits. ARTTCT,F, 111 ADDITIONAL SERVICES Any additional services to be performed by the CONSULTANT, if author/zed by the OWNER, which are not included as Basic Services in the above-described Scope of Services, set forth as provided by Article II. above, shall be later agreed-upon by OWNER and CONSULTANT, who shall detem~ine, in writing, the scope of such additional services, the amount of compensation for such additional services, and other essential terms pertaining to the provision of such additional services by the CONSULTANT. OWNER and CONSULTANT have agreed that those additional services items shown in Exhibit "B", incorporated herein by reference; and attached hereto are "Additional Services", that are, services which CONSULTANT and OWNER may consider as this angagement progresses. ARTTCI,R IV PERIOD OF SEKVICE This Agreement shall become effective upon execution by the OWNER and the CONSULTANT and upon the issuance of a notice to proceed by the OWNER, and shall remain in fome for the period that may reasonably be required for the completion of the Project, including Additional Services, if any, and any required extensions approved by the OWNER. This Agreement may be sooner terminated in accordance with the provisions hereof. Time is of the essence in this Agreement. CONSULTANT shall make all reasonable efforts to complete the services set forth herein as expeditiously as possible and to meet the schedule reasonably established by the OWNER, acting through its Assistant City Manager of Utilities, or his designee. ARTTCT,E V COMPENSATION A. COMPENSATION TERMS: "Subcontract Expense" is defined as those expenses, if any, incurred by CONSULTANT in the employraent of others in outside firms, for services in the area o of professional engineering, or related services. Any subcontract or subconsultant billing reasonably incurred by the CONSULTANT in connection with the Project shall be invoiced to OWNER at the actual cost. "Direct Non-Labor Expense" is defined as that expense, based upon actual cost, for any out-of-pocket expense reasonably incurred by the CONSULTANT in the performance of this Agreement for long distance telephone charges, telecopy charges, messenger services, printing and reproduction expenses, out-of-pocket expenses for purchased computer time, prudently incurred travel expenses related to the work on the Project, and similar incidental expenses incurred in connection with the Project. B. B~L~GANDPAYMENT: For and in consideration of the professional services to be performed by the CONSULTANT herein, the OWNER agrees to pay CONSULTANT, based upon the satisfactory completion of the basic services tasks set forth in the Scope of Services as shown in Article 11 above; as follows: 1. CONSULTANT shall perform its work on this Project in accordance with the provisions and the tasks set forth in Exhibit "A" - "Task 1" attached hereto and incorporated herewith by reference. CONSULTANT shall perform the said professional senrices substantially in accordance with the "Project Schedule" set forth in Exhibit "A" - Section "A". CONSULTANT shall be paid for services rendered pursuant to the Agreement on the basis set forth in the "Project Budget - Section B" set forth in Exhibit "A". OWNER agrees to pay to CONSULTANT for its professional services performed, and for its out-of pocket expenses incurred in the Project, a total Imp-sum amount of $33, 600.00. 2. Partial payments to the CONSULTANT will be made monthly in accordance with the statements reflecting the actual completion of the basic services, rendered to and approved by the OWNER through its Assistant City Manager for Utilities or his designee. However, under no ckcumstances shall any monthly statement for services exceed the value of the work performed at the time a statement is rendered. The OWNER may withhold the final ten (10%) percent of the above not-to-exened amount until satisfactory completion of the Project by the CONSULTANT. 3. Nothing contained in this Article shall require the OWNER to pay for any work which is unsatisfactory as reasonably determined by the Assistant City Manager for Utilities or his designee, or which is not submitted by CONSULTANT to the OWNER in compliance with the terms of this Agreement. The OWNER shall not be required to make any payments to the CONSULTANT at any time when the CONSULTANT is in default under this Agreement. 4. It is specifically understood and agreed that the CONSULTANT shall not be authorized to undertake any work pursuant to this Agreement which would require additional payments by the OWNER for any charge, expense or reimbursement above the not-to-exceed amount as stated hereinabove, without first having obtained the prior written authorization from the OWNER. CONSULTANT shall not proceed to perform any services to be later provided for under Article 1II. "Additional Services" without first obtaining prior written authorization from the OWNER. ADDITIONAL SERVICES: For additional services authorized in writing by the OWNER in Article 1II. hereinabove, CONSULTANT shall be paid based on a to-be-agreed-upon Schedule of Charges. Payments for additional services shall be due and payable upon submission by the CONSULTANT, and shall be in accordance with Article V.B. hereinabove. Statements for basic services and any additional services shall be submitted to OWNER no mom frequently than once monthly. PAYMENT: If the OWNER fails to make payments due the CONSULTANT for services and expenses within sixty (60) days after receipt of the CONSULTANT'S undisputed statement thereof, the amounts due the CONSULTANT will be increased by the rate of one percent (1%) per month fi'om and after the said sixtieth (60th) day, and in addition, therea~er, the CONSULTANT may, after giving ten (10) days written notice to the OWNER, suspend services under this Agreement until the CONSULTANT has been paid in full for all amounts then due and owing, and not disputed by OWNER, for sendces, expenses and charges. Provided, however, nothing herein shall require the OWNER to pay the late charge of one percent (1%) per month as set forth herein, if the OWNER reasonably determines that the CONSULTANT's work is unsatisfactory, in accordance with Article V. B. of this Agreement, and OWNER has notified CONSULTANT of that fact in writing. ARTICT,F, VI OBSERVATION AND REVIEW OF ~ WORK The CONSULTANT will exercise reasonable care and due diligence in discovering and promptly reporting to the OWNER any defects or deficiencies in the work of the CONSULTANT or any of its subcontractors or subconsultants. ARTTCT,I~ VIT OWNERSHIP OF DOCLrMENTS All documents prepared or furnished by the CONSULTANT (and CONSULTANTs subcontractors or subconsultants) pursuant to this Agreement are instruments of service and shall become the property of the OWNER upon the termination of this Agreement. The CONSULTANT is entitled to retain copies of all such documents. The documents prepared and furnished by the CONSULTANT are intended only to be applicable to this pmjeet and OWNER's use of these documents in other projects shall be at OWNER's sole risk and expense. In the event the OWNEK uses the Agreement in another project or for other purposes than specified herein any of the information or materials developed pursuant to this agreement, CONSULTANT is released from any and all liability relating to their use in that project. ARTTC~T .R VIII INDEPENDENT COIYrF,.ACTOR. CONSULTANT shall provide services to OWNER as an independent contractor, not as an employee of the OWNER. CONSULTANT shall not have or claim any right arising t~om employee status. ARTi'CT J:. TX INDEMNITY AGREEIvlENT The CONSULTANT shall indenmify and save and hold harmless the OWNER and its officials, officers, agents, attorneys and employees fi:om and against any and all liability, claims, demands, damages, losses and expenses, including but not limited to court costs and reasonable attorney fees incurred by the OWNER, and including without limitation damages for bodily and personal injury, death, or property damage, resulting l~om the negligent acts or omissions of the CONSULTANT or its officers, shareholders, agents, attorneys and employees in the execution, operation, or performance of this Agreement. Nothing in this Agreement shall be construed to create a liability to any person who is not a party to this Agreement and nothing herein shall waive any of the party's defenses, both at law or equity, to any claim, cause of action or litigation filed by anyone not a party to this Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved. ART¥CI.F. X INSURANCE During the pexfformance of the Services under this Agreement, CONSULTANT shall maintain the following insurance with an insurance company licensed to do business in the State of Texas by the State Insurance Board or any successor agency, that has a rating with A. M. Best Rate Carriers of at least an "A-' or above: Comprehensive General Liability Insurance with bodily injury limits of not less than $500,000 for each occurrence and not less than $500,000 in the aggregate, and with property damage limits of not less than $100,000 for each occurrence and not less than $I00,000 in the aggregate. Automobile Liability Insurance with bodily injury limits of not less than $500,000 for each person and not less than $500,000 for each accident and with property damage limits for not less than $100,000 for each accident. C. Worker's Compensation Insurance in accordance with statutory requirements and Employer's Liability Insurance with limits of not less than $100,000 for each accident. D. Professional Liability Insurance with limits of not less than $1,000,000 annual aggregate. CONSULTANT shall furnish insurance certificates or insurance policies at the OWNER's request to evidence such coverages. The insurance policies shall name the OWNER as an additional insured on all such policies to the extent that is legally possible, and shall contain a provision that such insurance shall not be cancelled or modified without thirty (30) days prior written notice to OWNER and CONSULTANT. In such event, thc CONSULTANT shall, prior to the effective date of the change or cancellation of coverage, deliver copies of any such substitute policies, furnishing at least the same policy limits and coverage, to OWNER. ARTTCT,~,, YI ARBITRATION AND ALTERNATE DISPUTE RESOLUTION The parties may agree to settle any disputes under th/s Agreement by submitting the dispute to arbitration or other means of alternate dispute resolution such as mediation. No arbitration or alternate dispute resolution arising out of or relating to, this Agreement involving one party's disagreement may include the other party to the disagreement without the other's approval. ARTTCT .~ XII TERMINATION OF AGREEMENT A. NOtwithstanding any other provision of this Agreement, either party may terminate this Agreement by providing thirty- (30) days advance written notice to the other party. This Agreement may be alternatively be terminated in whole or in part in the event of either party substantially failing to fulfill its obligations under this Agreement. No such termination will be effected unless the other party is given (1) written notice (delivered by certified mail, return receipt requested) of intent to terminate and setting forth the reasons specifying the nonperformance or other reason(s), and not less than ttfirty (30) calendar days to cure the failure; and (2) an opportunity for consultation with the terminating party prior to termination. If the Agreement is t¢~,,inated prior to completion of the services to be provided hereunder, CONSULTANT shall immediately cease all services upon receipt of the written notice of termination from OWNER, and shall render a final bill for services to the OWNER within twenty (20) days al~er the date of termination. The OWNER shall pay CONSULTANT for all services properly rendered and satisfactorily performed, and for reimbursable expenses prior to notice of termination being received by CONSULTANT, in accordance with Article V. of this Agreement. Should the OWNER subsequently contract with a new consultant for the continuation of services on the Project, CONSULTANT shall cooperate in providing information to the OWNER and to the new consultant. If applicable, OWNER shall allow CONSULTANT a reasonable time to transition and to turn over the Project to a new consultant. CONSULTANT shall turn over all documents prepared or furnished by CONSULTANT pursuant to this Agreement to the OWNER on or before the date of term/nation, but may maintain copies of such documents for its files. ARTTCT,I~, XZTIT RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval of the work by the OWNER shall not constitute nor be deemed a release of the responsibility and liability of the CONSULTANT, its officers, employees, agents, subcona'actors, and subconsultants for the accuracy and competency of their designs or other work performed pursuant to this Agreement; nor shall such approval by the OWNER be deemed as an assumption of such responsibility by the OWNER for any defect in the design or other work prepared by the CONSULTANT, its principals, officers, employees, agents, subcontractors, and subconsultauts. AR"i'TCT,'F,, ~TV NOTICES All notices, communications, and reports required or permitted under t/tis Agreement shall be personally delivered to; or telecopied to; or mailed to the respective parties by depositing same in the United States mail at the addresses shown below, postage prepaid, certified mail, remm receipt requested, un/ess otherwise specified herein. To CONSULTANT: To OWNER: Shimek, Jacobs & Finklea, L.L.P. Attn: Gary C. Hendricks, P.E. 8333 Douglas Avenue, #820 Dallas, Texas 75225 Fax: (214) 361-0204 City of Denton, Texas Michael W. Jez, City Manager 215 East McKinney Denton, Texas 76201 Fax: (940) 349-8596 All notices under this Agreement shall be effective upon their actual receipt by the party to whom such notice is g/yen, or three (3) days after mailing of the notice, whichever event shall first OCCID'. ARTTCT ,~. XV AGREEMENT This Agreement consisting of ten (10) pages and two (2) exhibits constitutes the complete and final expression of the Agreement of the parties and is intended as a complete and exclusive statement of the terms of their agreements, and supersedes all prior contemporaneous offers, promises, representations, negotiations, discussions, communications, understandings, and agreements which may have been made in connection with the subject matter of this Agreement. ARTTCT,~. 3Cv'r SEVERABILITY If any provision of this Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of this Agreement, and shall not cause the remainder to be invalid or unenforceable. In such event, the parties shall reform this Agreement, to the extent reasonably possible, to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the original intentions of the parties respecting any such stricken provision. ARTTCT,~ ~ COM~LIANC~ ~ LAWS The CONSULTANT shall comply with all federal, state, local laws, rules, regulations, and ordinances applicable to the work performed by CONSULTANT hereunder, as they may now read or as they may hereafrer be amended. ARTTCT.~. ~ DISCRIMINATION PROI-Y[BITED In performing the services required hereunder, the CONSULTANT shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap. ARTTCT,lq ~71X PERSONNEL CONSULTANT represents that it has or will secure at its own expense all personnel required to perform all the services required under this Agreement. Such personnel shall not be employees or officers of, nor have any contractual relations with the OWNER. CONSULTANT shall immediately inform the OWNER in writing of any conflict of interest or potential conflict of interest that CONSULTANT may discover, or which may arise during the term of this Agreement. All services required hereunder will be performed by CONSULTANT or under its direct supervision. All personnel engaged in performing the work provided for in this Agreement, shall be qualified, and shall be authorized and permitted under state and local laws to perform such services. ARq'IcJ ,lq XX ASSIGNABILITY The CONSULTANT shall not assign any interest in this Agreement and shall not transfer any interest in this Agreement (whether by assignment, novation or otherwise) without the prior written consent of the OWNER. CONSULTANT shall promptly notify OWNER of any change of its name as well as of any significant change in its corporate structure or in its operations. AR'T'TC~T.lq ~ MODIFICATION NO waiver or modification of this Agreement or of any covenant, condition, limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith. No evidence of any waiver or modification shall be offered or received in evidence in any proceeding arising between the parties hereto out of or affecting this Agreement, or the rights or obligations of the parties hereunder, unless such waiver or modification is in writing, duly executed. The parties further agree that the provisions of this Article will not be waived unless as herein set forth. ARTTCI ,lq 'XrXIT MISCELLANEOUS A. The following exhibit is attached to, incorporated within, and is made a part of this Agreement for all purposes pertinent: Bo Exhibit "A" - Basic Services Ex_h/bit "B" - Additional Services CONSULTANT agrees that OWNER shall, until the expiration of three (3) years after the final payment made by OWNER under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of the CONSULTANT involving transactions relating to this Agreement. CONSULTANT agrees that OWNER shall have access during normal working hours to all necessary CONSULTANT facihties and shall be provided adequate and appropriate working space in order to conduct examinations or audits in compliance with this Article. OWNER shall give CONSULTANT reasonable advance notice of all intended examinations or audits. Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton County, Texas. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. For purposes of this Agreement, the parties agree that the key persons who will perform most of the work under this Agreement shall be Gary C. Hendricks, P.E., Project Manager, and John W. Birkhoff, P.E. This Agreement has been entered into with the understanding that the two (2) above-stated employees of CONSULTANT shall perform all or a significant portion of the work on the Project. Any proposed changes regarding change ofpersounel, requested by CONSULTANT, respecting one or more of the two (2) above-stated employees, shall be subject to the approval of the OWNER, which approval the OWNER shall not unreasonably withhold. Nothing herein shall limit CONSULTANT from using other qualified and competent members of its firm to perform the other incidental services required herein, under its supendsion or control. CONSULTANT shall commence, carry on, and complete its work on the Project with all applicable dispatch, and in a sound, economical, efficient manner, and in accordance with the provisions hereof. In accomplishing the Project, CONSULTANT shall take such steps as are appropriate to ensure that the work involved is properly coordinated with related work being carded on by the OWNER. Thc OWNER shall assist the CONSULTANT by placing at the CONSULTANT's disposal all available information pertinent to the Project, including previous reports, any other data relative to the Project and arranging for the access to, and make all provisions for the CONSULTANT to enter in or upon, public and private property as required for the CONSULTANT to perform professional sen, ices under this Agreement. OWNER and CONSULTANT agree that CONSULTANT is entitled to rely upon information furnished to it by OWNER without the need for further inquiry or investigation into such information. G. The captions of this Agreement are for informational purposes only and shall not in any way affect the substantive terms or conditions of this Agreement. 1N WITNESS WHEREOF, the City of Denton, Texas has executed this Agreement in four (4) original counterparts, by and through its duly-authorized City Manager; and CONSULTANT has _e:~ec.~ted this Agreern,ent bD2 and.through its duly-authorized undersigned officer on this the CITY OF DENTON, TEXAS ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY "CONSULTANT" ATTEST: By:~~~SHIMEK' JACOBS & EA, L.L.P. By: . ~_ TASK "1" SCOPE OF BASIC SERVICES 900 SERVICE LEVEL ELEVATED STORAGE TANK PART I: PREPARATION OF PLANS AND SPECIFICATIONS Preparation of plans, specifications and bidding documents for a 1-Million Gallon Composite Elevated Tank based on the following items: Specifications based on following standards: i) American Water Works Association (AWWA) ii) American Nation Standards Institute (ANSI) iii) American Society of Testing Materials (ASTM) iv) National Sanitation Foundation (NSF) v) American Concrete Institute (ACI) b) Tank Accessories to include the following: Pipe Connections Overflow Drain Tank Ladders Roof Hatches Vent Cathodic Protection Valve & Electric Valve Operators Wet Riser Access and Trunk Doors Antenna Bracket Obsn-uction Light Interior Light System Exterior Light System Electrical System Chloramine Residual Analyzer c) Provide engineering services for expanding the City's monitoring and control system in order to connect the proposed tank to the SCADA system. d) Provisions for site landscape screening along fence lines and reestablished grass at the site. e) Provisions for concrete driveway to access tank truck door. f) The Iimits of the property will be as shown on the records drawings provided by the City. No additional field surveys will take place to establish property coruers. Information from record drawings will be placed on the construction plans. g) The benchmark on site will be verified by field surveys and tied to existing control provided by the City of Denton. h) The high-water level (HWL) as shown in the City of Denton's water distribution system master plan, will be the high-water level of the proposed tank. The high water level shall be established from a benchmark elevation as provided by the City of Denton. This high water level may be reconfirmed by the City and changed prior to finishing the construction plans. i) The coating system will not include red lead primer. Specifications will be prepared that will be in conformance with the Texas Natural Resources Conservation Commission Regulations for containment systems. j) Plans and specifications will include provisions for erosion control devices to be erected as required, along property lines. k) Preparation of FAA Notice of Proposed Construction form for City execution as project requirements dictate. 1) Construction Plan Sheets will be prepared at a scale of not less than 1" = 40' and will include a Cover Sheet, Location Map and Sheet Index m) Preparation of required Highway and Utility permits, as required n) Coordination with other Utility Companies, as required o) Design review meetings p) Opinion of Probable Construction Estimate q) Printing of preliminary plans and specifications for review by the City and Utility Companies r) Design Surveys Professional Servicex,4greeraent (05/19/0~) TasR i (Page 2) ENGINEER agrees to complete the design in accordance with the guidelines established by the City of Denton Water Utilities Department to include, but not be limited to, the following: a) Any and all items required by CITY as outlined by the Scope of Work shall be inked on the original tracings by ENGINEER. Completed plans must be clearly legible and understood when reproduced at one-half scale by reprographic methods. b) ENGINEER shall prepare a separate cover sheet for the project. c) ENGINEER shall prepare details or typical sections as may be required by CITY to accomplish the work covered by this contract. d) ENGINEER shall complete the design of non-standard structures required for this Project. Actual design of the composite tank and tank structure shall be performed by the successful bidder. ENGINEER shall delivery to CITY complete copies of design calculations for any and all non-standard structures designed by ENGINEER. ENGINEER'S seal (dated and signed) shall appear on all design calculations. e) ENGINEER shall thoroughly check plans for completeness and accuracy. f) ENGINEER shall seal, date and sign each sheet in the plan set. Consultant shall also seal, sign and date the cover sheet and project specifications. g) ENGINEER shall prepare two sets of construction specifications and contract documents. A draft set of specifications will be submitted to the CITY for review. Upon receipt, the ENGINEER will incorporate the CITY'S comments into the documents. Two (2) £mal sets of construction specifications and contract documents will be delivered to the CITY for bid advertisement. h) UPON COMPLETION OF PARTS 1) THROUGH 3), ENGINEER shall deliver to CITY original tracings of construction plans, opinion of probable construction cost, special provisions, preliminary plans, copies of all field work, and two (2) full-size sets of prints. i) ENGINEER shall provide "record" drawings, prepared from the contractor's record drawings. j) Submit floppy disk with design files in .DWG format. All construction plan sheets will be prepared utilizing AutoCAD 2000 on Windows NT. No specific computer aided drafting and ProfessionalSer~'ices.4greement (05/19/00J Taskl (Page3of 7) design specifications will be utilized. One copy of electronic files of design plans will be provided to the CITY under the following conditions: i) The electronic files are compatible with AutoCAD 2000, operating on an IBM compatible PC using Windows NT operating system. ii) ENGINEER does not make any warranty as to the compatibility of these files beyond the specified release of the above stated software. iii) Because data stored on electronic media can deteriorate undetected or be modified, the CITY agrees that the ENGINEER will not be held liable for completeness or correctness of electronic media after an acceptance period of thirty days after delivery of these files. iv) The electronic files are instruments of ENGINEER'S service. 'Where there is a conflict between the hard copy drawings and the electronic files, the hard copy files will govern in all cases. v) Both parties acknowledge mutual non-exclusive ownership of the electronic files and each party may use, alter, modify or delete the files without consequence to the other party. vi) Ali electronic files provided to the CITY will not contain engineers seal, handwritten dates or signatures. f?~fe, ss!onal~[r~uces.4greement [05/19/00) Taskl {?age4of 7) PART II: BIDDING PHASE 1) Preparing Addenum as necessary. 2) Attend a Pre-Bid Conference at the City of Denton facilities 3) Obtain the following information from the lowest bidder: Past work history. ~> Physical resources to produce the project. Formulate based on this information, an opinion from infonmation received and provide the City a recommendation for award of the construction contract. 4) Attend a Pre-Construction Conference at City facilities including preparing a meeting agenda. Professionat Ser~'ices Agreement fOS/19/OOJ Task l fPage S of 7} PART III: CONSTRUCTION PHASE 1) Review the shop drawings and other submittal information which the Contractor submits for the elevated storage tank. All other submittals and shop drawing review will be conducted by the City of Denton. Our review of the elevated stoarage tank design is for the benefit of the Owner and covers only general conformance with the information given by the Contract Documents. Review of shop drawing submissions is solely for their conformance with the design intent and conformance with information given in the construction documents. ENGINEER shall not be responsible for any aspects ora shop drawing submission that affects or are affected by the means, methods, techniques, sequences and operations of construction, safety precautions and programs incidental thereto, all of which are the Contractor's responsibility. Two copies of all shop drawings in which no exceptions are taken by ENGINEER will be provided to the City. 2) Provide written responses to requests made by the City of Denton for information or clarification of the plans and specifications. 3) The City of Denton agrees to negotiate and prepare routine change orders as required. The ENGINEER agrees to review change order documents and provide the City any opinions that may be warranted. 4) Accompany the City dur/ng their final inspection of the project. 5) Recommend final acceptance of work based on information provided by the City's site representative. 6) A representative of Shimek, Jacobs & Finklea, L.L.P., will visit the project on an "as need" basis as construction proceeds to observe progress and formulate opinion as to quality of work as it relates to contract documents. A minimum of four site visits will be conducted by Shimek, Jacobs & Finklea' representatives. 7) Attend a final walk through of the completed project and assist the City in the preparation of the completion punch lisT. ?ro£essional Services.qgreement (05119/009 Task J [?age 6 of D PART IV: EXCLUSIONS The intent of our scope of services is to include only the services specifically listed in Task 1 and Task 2 and none others. Services specifically excluded from the scope of services include, but are not necessarily limited to the following: 1) Boundary surveys or title-searches 2) Environmental impact statements and assessments. 3) Fees for permits or advertising. 4) Detailed design of tank structure and foundation. 5) Certification that work is in accordance with plans and specifications. 6) Environmental cleanup. 7) Review of shop drawing submittals other than those specifically related to the structural design of the eleveated storage tank. 8) Preparation or review of Monthly Pay Request 9) Review of Daily inspection test reports 10) Preparation of routine change orders Professional Ser~ices A~reement (05/19/00) T~k l (Page - of ~ SECTION "A" COMPLETION SCHEDULE 900 SERVICE LEVEL ELEVATED STORAGE TANK Part I: Preliminary Plans and Specifications .......... 90 Final Plans and Specifications .................... 30 calendar days after notice to proceed. calendar days after review cormments received from the City. Part II: Bidding Phase ............................................. 45 calendar days from establishment of bid date and project advertisement. Part III: Construction Phase ...................................... 360 days after notice to proceed is provided to · construction contractor. Professional Services Agreement t'OS/19/OOd Section "A" (Page I of 1; SECTION "B" PAYMENT SCHEDULE FOR BASIC SERVCIES 900 SERVICE LEVEL ELEVATED STORAGE TANK Our opinion of probable· construction cost for the basic Elevated Storage Tank construction is $1,070,000. Engineering services described under Basic Services - Task 1 for the 1.0 Million Gallon Composke Elevated Storage Tank, shall be paid on the total lump sum amount not to exceed $33,600. The schedule for the basic services payment for Parts I through III shall be as follows: Basic Services Design Fees: · !) L0 Million Gallon Basic Services Pha~& · . 'Elevated Si/irige Taflk Part I - Design Phase · Preliminary Design $18,800 · Final Design $8,100 Part II - Bidding Phase $1,300 Part Ill - Construction Administration Phase $5,400 Total Basic Services Fee (Parts ! through III) $33,600 · Basic services will be invoiced on a monthly basis, based on percent complete of plans. · Bidding Phase services will be billed after completion of the Pre-Construction Conference. · Construction Administration services will be invoiced as a percent of construction complete (dollar value). ?rofessional Services Agreement t~05/19100) Section "B" {?age 1 o£ 0 TASK "2" ADDITIONAL SERVICES 900 SERVICE LEVEL ELEVATED STORAGE TANK 1) 2) 3) 4) 5) 6) Provide Geotechnical Investigation, including three borings at the base of the proposed tank structure, two copies of report will be provided to the City. Geotechnical services to be provided by a sub-consultant contract with Henly Johnston & Associates, Inc. Inspection - Quality Control & Materials Testing Services will be provided by Henley Johnston Associates as a sub-consultant to this contract. The scope of services provided will be as follows: Daily testing and inspection of steel erection and welds, including radiographic inspection. The testing and inspection of steel erection and welding will be performed by an independent testing and inspection firm contracted by the Engineer. b) Daily inspection and testing of painting operation including blasting, mil thickness and holiday testing. c) Quality control and materials testing including optimum moisture/density, Atterburg limits, field density test, pier inspectionj concrete testing and concrete mix design review. Regulatory Assistance: During the course of the project, as requested by OWNER personnel, the ENGINEER will be available to accompany OWNER personnel when meeting with the Texas Natural Resource Conservation Commission, U.S. Environmental Protection Agency, or other regulatory agencies. The ENGINEER will assist OWNER persormel on an as-needed basis in preparing compliance schedules, progress reports, and providing general technical support for the OWNER's compliance efforts. Investigations involving detailed consideration of operation, maintenance and overhead expenses, and the preparation of rate schedules, earnings and expense statements, feasibility studies, appraisals, evaluations, assessment schedules, and material audits or inventories required for certification of force account construction performed by the OWNER. Preparing applications and supporting documents for government grants, loans, or planning advances and providing data for detailed applications. Appearing before regulatory agencies or courts as an expert witness in any litigation with third parties, including the preparation of engineering data and reports for assistance to the OWNER. EXHIBIT B Professional Sen, ices Agreement (0.5/19/00) Task 2 (Page l of l) SECTION "C" PAYMENT SCHEDULE FOR ADDITIONAL SERVICES 900 SERVICE LEVEL ELEVATED STORAGE TANK Engineering services described under Task 2 - Additional Services for the: 1.0 Million Gallon Composite Elevated Tank and the Offsite Water Lines; shall be considered additional services. Additional Services shall be paid for based on actual salary cost times a multiplier 0f 2.5, with expenses billed at actual invoice amount times 1.15. Based on the aniticpated level of work involvled, we suggest the City of Denton budget the amounts outlined below for additional services: Additional Services 1) Geoteclmical Evaluations (design phase) ........................................................ $7,700 2) Inspections, Quality Control and Material Testing: a) Daily Steel Erection and Welding Inspection ........................................ $9,750 ~ { b) Dally Blast and Paint Inspection ............................................................ ~,.., ma/~ ~]. c) Materials Testing and Quality Control ................................................ $22,150/ 3) through 6) ............................................................................................... Not Funded Subtotal, 1.0 Million Gallon Elevated Tank: ........................................ $41,700 Professional Services Agreement ?05/19/00j Section "C" ?Page I of I)